Introduction

Matrix organization

Mergers by absorption

Risks related to the expansion of the scope of criminal liability of legal entities

Validity conditions

Proof of delegation

Exemption from individual liability of delegator

Attribution of offense to legal entity

Delegations of authority

Criminal risk management within business organizations

Complicity in crimes against humanity

Breaches of secrecy

Personal data breaches

Theft

Extortion

Blackmail

Fraud

Misappropriation

Receiving/concealment of unlawfully obtained property (recel)

Attacks on automated data processing systems

Money laundering

Misappropriation by public official (concussion)

Corruption and influence peddling

Unlawful acquisition of an interest

Favoritism

Forgery and use of forgeries

Violation of Criminal Code

Offenses under the Monetary and Financial Code

Offenses under the Commercial Code

Environmental Code violations

Offenses arising from other codes

Types of offenses

Offenses under the Criminal Code, the Commercial Code, or the Environmental Code, Criminal procedure

White Collar Crime (en cours)

Removal (soustraction) can take several forms. Traditionally, it corresponds to a taking of possession that involves an involuntary transfer of the item. Consequently, voluntary transfer excludes theft. Therefore, the withdrawal by the holder of a magnetic card, carried out at an automatic teller machine, of an amount exceeding the credit balance of their bank account, is analyzed as a breach of a …

Fraudulent removal

Removal (soustraction) can take several forms. Traditionally, it corresponds to a taking of possession that involves an involuntary transfer of the item. Consequently, voluntary transfer excludes theft. Therefore, the withdrawal by the holder of a magnetic card, carried out at an automatic teller machine, of an amount exceeding the credit balance of their bank account, is analyzed as a breach of a contractual obligation and cannot be prosecuted for theft .

The removal can be temporary. Thus, the physical detention of an item without the transfer of possession does not exclude the apprehension that constitutes one of the elements of the crime of theft. Therefore, an employee is guilty of this crime if they, while physically holding certain documents belonging to their employer, take photocopies of these documents for personal purposes, unbeknownst to and against the will of the employer, fraudulently apprehending them for the time necessary for their reproduction .

In order for the voluntary appropriation of documents or data belonging to the undertaking for personal purposes to be established, it is necessary to demonstrate that their apprehension exceeded the employee's scope of competence and that their use, contrary to the scope and necessities of their employment, took place . However, the removal by an employee of documents belonging to their employer, to which they have free access within the scope of their duties, is not punishable if the documents concerned are strictly necessary for exercising the employee's right of defense in an employment tribunal dispute with their employer . Thus, an employee who removes photocopies from their employer not to ensure their defense in an employment tribunal dispute but during their hearing on the complaint filed against them by the same employer in order to prove the truth of the defamatory facts they had reported, is guilty of the offense of theft. .

Cass. crim., 24 November 1983, LawLex202200001419JBJ.

Cass crim, 8 January 1979, LawLex202200006762JBJ.

Cass. crim., 5 June 2024, LawLex202400004131JBJ.

Cass. crim., 11 May 2004, LawLex202200001417JBJ; LawLex202200001409JBJ.

Cass. crim., 9 June 2009, LawLex202200001410JBJ.

White Collar Crime (en cours)

56. Fraudulent removal

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

56. Fraudulent removal

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise